Introduction

"To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries"
          U. S. Constitution, Article 1, Section 8

Faculty members and staff frequently need to make decisions about the use of copyrighted materials for the classroom, for online education, and for library copying and reserve of materials.  This guide and tutorial is intended to explain some essential concepts of the  U. S. copyright laws as they impact these decisions.  The intention is to be practical, discussing what materials may be used without infringing a copyright owner's rights, under what conditions they may be used, and for how long.  It also discusses some of the commonly accepted guidelines that may help inform these decisions. 

Some aspects of copyright law have changed radically in recent years, with the 1998 adoption of the Digital Millennium Copyright Law, and then in 2002 with the adoption of the TEACH Act ("Technology, Education and Copyright Harmonization" Act).  This guide makes extensive use of the excellent resources already in place on the web, and attempts to summarize them in a useful fashion.  They are so many, and so extensive, that summarization is essential.  Important web resources are gathered in the resources section of the tutorial, and within each sub-section are prominently displayed, like this:

Web Resources


The best web site for general copyright information is the University of Indiana Copyright Management Center.

The US Copyright Office maintains a web site with many valuable publications, including Copyright Basics, an invaluable pamphlet that is a wonderful starting point in understanding copyright law.
 

Print resources have also been used, especially two important books by Kenneth D. Crews (the title of each below is a link to Amazon), but also journal articles.  Where persistent URLs are available to journal articles, they are given.

Print Resources

Books:

Crews, Kenneth D. Copyright Essentials for Librarians and Educators, American Library Association, Chicago and London, 2000.

Crews, Kenneth D. Copyright, Fair Use, and the Challenge for Universities: Promoting the Progress of Higher Education, The University of Chicago Press, Chicago and London, 1993.

Sample Journal Article Link:

Gatlin, Rebecca and Arn, Joseph V. "AACSB Deans' Understanding of Multimedia Copyright Laws and Guidelines." Journal of Education for Business Jul/Aug99, Vol. 74 Issue 6, p368. EbscoHost PURL: http://search.epnet.com/direct.asp?an=2190969&db=afh

 

Since this is a tutorial, as well as a guide, various sections also contain quizzes, which will help the user learn the concepts of each section and provide interesting feedback.  The material is presented in four modules:

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The first discusses copyright law in general and the rights of copyright owners;

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The second discusses exceptions to those rights, specifically exceptions granted for education and research;

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The third discusses consensus guidelines and practical rules for using copyrighted materials;

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The fourth explains the basis for personal security in using copyrighted material based on good faith and legal precedent.  Part four also summarizes the web resources referenced throughout the tutorial and adds more to an essential list of links.

Those reading this material for Professional Development credit are encouraged to participate in the accompanying webboard.

This material is informational and intends to provide general understanding of copyright laws and guidelines, but is not to be construed as legal advice or be in any way legally binding.


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